Legitimacy of the Right to Participation

Determinacy The right to participation in the UN Minority Declaration lacks somewhat in determinacy. Nevertheless, the overall message of the right is clear. We know who it is available to and in what fields. Participation is clear in general however, it is qualified by the little word effectively . It is within this word where indeterminacy is found. Whether something is done effectively or not depends on many variables and synonyms for effective are efficacious, efficient, potent and productive. My understanding of effective is producing a decided or desired effect. If a process reaches the desired effect, the process is effective. 

The UN Minority Declaration does not contain any further explanation of what effect is desired by the participation of minorities. The right to effective participation is a determinate right as soon as the understanding of effective is clarified. The fields where the participation should be applied—cultural, religious, social, economic and public life—are wide by nature. This does not lead to a lack of determinacy. On the contrary, seeing that the widest possible terms have been chosen and that they cover almost every aspect of life, it is clear that effective participation for minorities is applicable to all situations in life and should not be read restrictively. 

The Framework Convention s art. 15 is short. The Explanatory Report is much more detailed and provides a list of possible meastue that states could adopt. This includes consultation, involvement at different stages of development plans and legislation and decentralised or local forms of government. While none of these possibilities is binding, it provides an open framework of measures that can be taken for the implementation of art. 15. 

Effective, http //www.merriam-webster.com/thesaurus/effective. Effective, http //www.merriam-webster.com/thesaurus/effective. 

There are other non-binding instruments that address the issue of participation. The OSCE has published Guidelines to Assist National Minority Participation in 

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